SPECIAL/ADDITIONAL ACTIVITY

RFBT
INSTRUCTIONS:
 You will be given 25 minutes to accomplish the task.
 Late submission will not be entertained.
 Give a brief answer to each problem.
 This is a special/additional activity that will be added to your scores
during the recitation.
1. P gave a power of attorney to A for the sale of his 2 cars, a Toyota and
a Lancer. Their agreement included, among other provisions, the
following: 1) A shall be entitled to a commission of 10% based on the
actual selling price of the cars which P fixed at a minimum of P400,000.00
for the Toyota; and P500,000.00 for the Lancer; and 2) A need not
render to P any accounting of his transactions as long as A turns over the
actual selling price of the cars net of the commission of 10%. A was able
to sell the Toyota for P410,000.00; and the Lancer for P500,000.00 and
received a tip of P20,000.00. After the sale, P demanded from A an
accounting of the transactions that he had made but A refused claiming it
was enough that he turned over the net selling price of P810,000.00 to P
as agreed by the two of them.
**Should A give an accounting of the sale?
YES, The agent is duly bound to render an accounting of all his
transactions and to deliver to the principal everything which he
may have received under the agency. Any Stipulation exempting
the agent from rendering an account is void as against public
policy and condusive to fraud.
** How much should A remit to P?
A should remit Php 930,000.00
2. A husband and his wife were living together under a conjugal
partnership of gains. Later, because of a quarrel, the wife left the
husband without judicial approval. They have thus been living apart for
more than ten years. The wife later sold her land to the said husband. Is
the sale valid? Justify your answer.
The sale is valid if there is a separation of property agreed upon in
the marriage settlements or when there has been judicial
separation of property. In this case, the sale is VALID.
Under Conjugal Partnership of Gains, the separate property before
marriage will not be their common property. It was stated in the
problem that the wife sold her property to her husband, meaning
it was her separate property.
3. S sold to A in a memorandum of agreement of sale his parcel of land.
After a week, S sold the same land to B in a formal deed of sale. Upon
buying the land, B who was aware of the sale to A, immediately took
possession thereof and registered the sale in his favor. When informed of
the second sale, A subsequently registered an adverse claim with the
Registry of Deeds. The parcel of land shall belong to? Reason?
A, because he is the first registrant in Good Faith. The registration
made by B in bad faith does not entitle him the ownership of the
land.

4. Paul appointed Ado his agent to sell his specific car in cash for
P100,000 with 10% commission. Ado using persuasive skills was able to
sell it for P150,000 on credit. How much should Ado remit to Paul?
If the commission agent sells the goods on credit without
authority from the principal, the latter has the right to demand
from the agent the cash value of the goods. The agent, however,
has the right to keep the interest or overprice he made on his
credit sales. If the principal ratifies the credit sales made by the
agent, all such benefits and/or risks derived from the credit sales
shall accrue to the principal.
In this case the agent sold the car on credit when he is allowed to
sell in cash. It was not stated if there is a ratification by the
principal. Therefore the agent shall only remit the P100,000 even
if he fails to collect the credit from the buyer.
5. CPs are capitalist partners while IP in industrial partner, who in
addition to his services also contributed capital to the partnership. There
is no agreement as to the profits and losses. The partnership realized
profit in the amount of P21,000.00. The share of IP as CP in the profits
shall be?
Pro rata to his contributed capital.

6. Ralph and Vi agreed to form a partnership. Each contributed cash and

personal properties worth P100,000 to a common fund. But they did not
register with the Securities and Exchange Commission (SEC). is the
partnership valid? Explain your answer.
Yes the partnership is still valid
7. Anna transferred to Bella a parcel of land for the price of P2,000,000;
P800,000 to be paid in cash and for the difference, she will convey her
car worth P1,200,000. Barter or Contract of Sale? How did you decide?
BARTER, the object given is greater than the cash
8. When the mortgage is due and remains unpaid, can the mortgagee
appropriate the mortgaged property?
Answer 1: No, the only right of the mortgagee is to foreclose the
mortgage.
Answer 2: Yes, if there is a stipulation in the mortgage contract allowing
the mortgagee, creditor may appropriate the property mortgaged.
Which of the following is the best answer? Justify.
. Article 2088 of the Civil Code prohibits the creditor from
appropriating the things given by way of pledge or mortgage, or
from disposing of them; any stipulation to the contrary is null and
void.
Therefore: Best answer is 1